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disclosure, the receiving party shall use reasonable efforts to (a)
promptly notify the disclosing party in writing of such
requirement to disclose, and (b) cooperate fully with the
disclosing party in protecting against any such disclosure or
obtaining a protective order. Money damages will not be an
adequate remedy if this Section 4.3 is breached and, therefore,
either party shall, in addition to any other legal or equitable
remedies, be entitled to seek an injunction or similar equitable
relief against such breach or threatened breach without the
necessity of posting any bond. As used herein, "Confidential
Information" means Teledyne LeCroy pricing or information
concerning new Teledyne LeCroy products, trade secrets
(including without limitation all internal header information
contained in or created by the Software Product, all benchmark
and performance test results and all Documentation) and other
proprietary information of Teledyne LeCroy; and any business,
marketing or technical information disclosed by Teledyne LeCroy,
or its representatives, or you in relation to this EULA, and either
(i) disclosed in writing and marked as confidential at the time of
disclosure or (ii) disclosed in any other manner such that a
reasonable person would understand the nature and
confidentiality of the information. Confidential Information does
not include information (A) already in the possession of the
receiving party without an obligation of confidentiality to the
disclosing party, (B) hereafter rightfully furnished to the receiving
party by a third party without a breach of any separate
nondisclosure obligation to the disclosing party, (C) publicly
known without breach of this EULA, (d) furnished by the
disclosing party to a third party without restriction on
subsequent disclosure, or (e) independently developed by the
receiving party without reference to or reliance on the
Confidential Information.
4.
.
TERMINATION
This EULA will remain in force until termination pursuant to the
terms hereof. You may terminate this EULA at any time. This
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